How to Find Out if Your Invention Idea is Already Patented
If you have an idea for an invention, before you patent it you should check to see if it's already been invented by some other inventor in the past. Though actually, whether or not it's been invented, what you'll want to do is find out whether it's been patented before with the USPTO (the United States Patent and Trademark Office). Here you'll learn how to search patents to find out if your invention idea is already patented or if you should redirect your brainstorming to another invention idea. Have a question? Get an answer from a lawyer now!Guide To Patenting And USPTO Patent Applications - What can be patented? What does novelty mean?
In legal terms, any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof , may obtain a patent, subject to the conditions and requirements of the law. A process is defined by law as a process, act or method, and primarily includes industrial or technical processes. A process is the way an invention performs rather than the way it is structured. Computer software performs a certain way, it makes certain processes. Another example would be the process for making a drug. Machine should need no explanation. The term manufacture refers to articles which are made, and includes all manufactured articles.Why Perform a Patent Search?
The classic reason to perform a patent search is to assure an inventor that no previous patent interferes with the inventor's plan to file a patent application. Other reasons include: learning more about a new field of technology, For market information,In order to track the intellectual property of competitors.The Average Cost to Patent an Invention
No entity that works professionally with the patent process publishes any average of the cost involved in patenting an invention. The U.S. Patent and Trademark Office simply publishes a list of the office fees, while the magazine IP publishes some ballpark numbers qualified with pages of discussion and the law firm Oppedahl Patent Law throws out a few numbers. state that an invention's complexity greatly determines the cost of the patent process.how to check if an idea has been patented
There is no EASY way. If your invention is a new can opener, an existing patent for the same idea may never use the words can opener. For example, it may be described in broader terms: container de-sealer or metal wall scissor. The patent offices classification system helps a bit, but not much. Inventors tend not to want to find their invention, so, they type in --can opener-- and look at a few and say they couldn't find it. You have to look for it like you want to find it. try different search terms. when you find one thats close, look at the references cited in that application and look for other patents wherein the close one was cited.